Legislator Case Law & Legislation
SS-22906/2007-KBH ECLI:DK:KBH:2025:SS0000000286 AI generated

Court dismissed assault charge against police officer for failing to prove intent to harm.

Case Number SS-22906/2007-KBH
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The prosecution was dismissed after the court found insufficient evidence to prove the defendant intended to harm the police officer. The defendant argued that the officer's reaction was disproportionate, but the court determined that the physical contact alone did not establish the requisite criminal intent under the relevant sections of the Penal Code. Consequently, the charges for assault and obstruction were dropped due to the lack of proof regarding the defendant's subjective state of mind.

Legislator headnote

AI generated

Straffelovens 119, stk. 1; § 245, stk. 1: The prosecution must prove the specific intent to harm or obstruct, which is absent when the defendant's actions are merely accidental or lack malicious purpose.

Keywords

AI generated
assault against police criminal intent requirement proportionality defense insufficient evidence obstruction of duty

Cited Legislation

AI generated
Straffelovens 119, stk. 1
Tiltale for overtrædelse af straffelovens 119, stk. 1 og § 245, stk.
§ 245, stk. 1
1 og § 245, stk. 1 ved at have overfaldet tjenestegørende politibetjent
AI generated

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Full text

Tiltale for overtrædelse af straffelovens 119, stk. 1 og § 245, stk. 1 ved at have overfaldet tjenestegørende politibetjent